Pocketbook, Pocketbook, Plus Lack Of Frivolity Were The Reversing Factors. If you do not think that judges and appellate justices are not attuned to financial disparity, Alvarez v. Bank of America, Case Nos. B238087/B242275 (2d Dist., Div. 4 Jan. 19, 2017) (unpublished) might change your mind or at least provide mollifying food for […]
Also, Costs Improperly Excluded From Fee Calculus As Permitted Under § 1983. The Third District in Clapp v. Terry, Case No. C076562 (3d Dist. Nov. 23, 2016) (unpublished) is an important primer on the proper methodology to be used when awarding lodestar fees, fees on fees, and costs in civil right cases to
Stricter Review Is Made Of FEHA Awards In Favor Of Prevailing Defendants. “Keysville, Virginia. Randolph Henry High School. Playing baseball during gym period. Girl replaced man teacher who was drafted in the army.” Philip Bonn, photographer. June 1943. Library of Congress. Young v. Burlingame School Dist., Case No. A147012 (1st Dist., Div. 2
However, Appellate Court Provides Remand Guidance On Allocation, Paralegal Compensation, And Reasonableness Issues. In Samuelson v. Dept. of State Hospitals, Case No. A143149 (1st Dist., Div. 2 Oct. 28, 2016) (unpublished), plaintiff was awarded $1 million in damages against defendants Dept. of State Hospitals and three psychologists hired by Napa State Hospital based
$1.282 Million Fee Award Went POOF! The Flareback. 1911. Library of Congress. Just to show you how the appellate court can giveth and taketh away (Job 1:21), in this case a taketh away, Hessler v. County of Los Angeles, Case No. B263088 (2d Dist., Div. 1 Oct. 27, 2016) (unpublished) is a
Respondents Did A Smart Thing On Appeal. Respondents in McClain v. Pacific Maritime Assn., Case No. B262952 (2d Dist., Div. 6 Oct. 27, 2016) (unpublished) did a smart thing after winning a disability discrimination case and after being awarded routine costs against the losing FEHA plaintiff. Given that FEHA costs are not awardable
2/8 DCA Adopts Reasoning of 2/7 DCA In Roman Decision On Costs Apportionment. Metoyer v. L.A. Unified School Dist., Case No. B259458 (2d Dist., Div. 8 Sept. 22, 2016) (unpublished) is a situation where plaintiff brought both FEHA and non-FEHA claims, but was defensed after a jury verdict finding lack of causation—namely, that
Trial Judge Reduced Defense’s First Request By 75%. In Radakovic v. County of Los Angeles, Case No. B266194 (2d Dist., Div. 5 Sept. 1, 2016) (unpublished), a trial judge awarded attorney’s fees to the defense (L.A. County) in the sum of $35,185 after one plaintiff lost a summary judgment motion and then plaintiffs
Reduction Justified Because Case Was Not Extraordinary. In Moran v. Forever 21 Logistics, LLC, Case No. B265988 (2d Dist., Div. 5 Aug. 15, 2016) (unpublished), plaintiff won a $199,000 damages award on age harassment/discrimination claims and sought $421,130 in attorney’s fees (inclusive of a 1.5 multiplier) under FEHA’s discretionary fee-shifting statute. The trial
Gonzalez v. The Los Angeles Lakers, Case No. B265823 (2d Dist., Div. 4 Aug. 10, 2016) (Unpublished)—Civil Rights Nothing remarkable in this one, except that plaintiff lost a FEHA case and the appellate court affirmed a lower court’s discretionary award of fees because it deemed the case frivolous/unreasonable in nature. Plaintiff was socked
